1

Village of Fleischmanns
Board Meeting
June 8, 2015
The Village of Fleischmanns Board of Trustees held their regular Village Board Meeting
on Monday, June 8, 2015 at the Skene Memorial Library at 6:00 p.m. Present were:
Mayor Donald E. Kearney, Deputy Mayor Harriet L. Grossman, Ben Fenton, Lewis
Grocholl. Village Trustee David Yates was absent.
Snack Shack/Bids
The following bids for the Snack Shack at the Village Park were opened and read aloud
by the Village Clerk at 6:00 p.m.: Electrical Contract 3-E-2015 from A. Treffeisen & Son,
LLC of Oneonta, New York at $99,000.00, Electrical Contractor 3-E-2015 from Blizzard
Electric of Arkville, New York at $54,100.00 and General Contract 3-G-2015 from
Eastman Associates, Inc. of Oneonta, New York for $424,110.00.
All bid packages were given to Jeff Francisco of Delaware Engineering for review.
Delaware Operations
Monthly Report
Delaware Operations submitted a monthly report for May, 2015. At this time the WWTP
is running through most of the month at a reduce rate of flow and discharges effluent
flow from the facility every day of the week. Operators continue to monitor the pump
station and the collection system on a daily basis.
Purchase Orders
Motion made by Harriet L. Grossman to approve the following purchase orders for June,
2015: USA BlueBook, Strike insecticide 11248, total cost of request $494.95; reason
for purchase: within the plant waste stream we have an infestation of red worms which
will hatch into a flying midge. During the height of the hatch there may be as many as
one million midges daily. This abundance of flying midges creates an enormous mess
through the plant; Slack Chemical, 60% magnesium hydroxide, 55 gal. drums, 220 gals
@4.20/gal., total cost of request: $924.00, reason for purchase: treat plant flow for
alkalinity and pH; Slack Chemical, bulk coagulant (PAC), Gal 300 Gal. @ 2.85/Gal.,
total cost of request $855.00, reason for purchase: chemicals used in the treatment
process; Slack Chemical, chlorine bleach, 55 gal. drums, 55 gal. @ $2.66/gal., total cost
of request $146.00, reason for purchase: chemicals used in the treatment process. Motion
seconded by Lewis Grocholl. Harriet L. Grossman-Aye. Lewis Grocholl-Aye. Donald
E. Kearney-Aye. Ben Fenton-Aye. David Yates-Absent. Motion so carried.
Sewer Re-levied/2015 Village Taxes
Motion made by Donald E. Kearney to re-levy $23,615.43 past due sewer amounts on the
2015 Village taxes effective May 13, 2015. Motion seconded by Harriet L. Grossman.
Donald E. Kearney-Aye. Harriet L. Grossman-Aye. Ben Fenton-Aye. Lewis GrochollAye. David Yates-Absent.
Resolution/Amendment of
Health Reimbursement Arrangement
At the Village Board Meeting
Of the Village of Fleischmanns, New York
Held at the Skene Memorial Library on
Monday, June 8, 2015 and
Upon motion made by Harriet L. Grossman and seconded by Lewis Grocholl, the
following resolution was duly adopted:
With respect to the amendment of the Companys HEALTH REIMBURSEMENT
ARRANGEMENT (the Plan), the following resolutions are hereby adopted:
RESOLVED: That the Plan be amended in the form attached hereto, which amendment
is hereby adopted and approved;

2
RESOLVED FURTHER: That the appropriate officers of the Company be, and they
hereby are, authorized and directed to execute said amendment on behalf of the
Company;
RESOLVED FURTHER: That the officers of the Company be, and they hereby are,
authorized and directed to take any and all actions and execute and deliver such
documents as they may deem necessary, appropriate or convenient to effect the foregoing
resolutions including, without limitation, causing to be prepared and filed such reports
documents or other information as may be required under applicable law.
---------------------------------------------------Lorraine DeMarfio, Village Clerk
Village of Fleischmanns
June 8, 2015
State of New York

)
)ss:
County of Delaware )
I, Lorraine DeMarfio, Village Clerk of the Village of Fleischmanns, New York, do hereby
certify that the foregoing is a true and correct transcript of a resolution adopted by the
Board of Trustees of the Village of Fleischmanns, New York on June 8, 2015 and the
whole thereof.
-----------------------------------------------------Lorraine DeMarfio, Village Clerk
Village of Fleischmanns
Motion made by Harriet L. Grossman to approve the above resolution. Motion seconded
by Lewis Grocholl. Harriet L. Grossman-Aye. Lewis Grocholl-Aye. Donald E.
Kearney-Aye. Ben Fenton-Aye. David Yates-Absent. Motion so carried.
Shared Services
Resolution/Authorizing the Chief Executive Officer to Sign a Contract on Behalf of the
Village of Fleischmanns to permit the Highway Department Head to share services with
the Highway Department Head in other municipalities who possess similar authorization
for the borrowing or lending of materials and supplies and the exchanging, leasing,
renting or maintaining of machinery and equipment, including to operators thereof, for
the purpose of aiding the Highway Department Head in the performance of his/her duties.
At the Village Board Meeting
Of the Village of Fleischmanns, New York
Held at the Skene Memorial Library on
Monday, June 8, 2015 and
Upon motion made by Harriet L. Grossman and seconded by Donald E. Kearney, the
following resolution was duly adopted:
Whereas, all municipalities, including the Village of Fleischmanns, have the power and
authority to contract for the purpose of renting, leasing, exchanging, borrowing or
maintaining of machinery and equipment, with or without operators, with other
municipalities, and;
Whereas, all municipalities including the Village of Fleischmanns, have the power and
authority to borrow or lend materials and supplies to other municipalities, and;
Whereas, it is hereby determined that the Village of Fleischmanns, and other
municipalities have machinery and equipment which is not being used during certain
periods, and;
Whereas, it is hereby determined that the Village of Fleischmanns, and other
municipalities often have materials and supplies on hand which are not immediately
needed, and;

3
Whereas, it is hereby determined that by renting, borrowing, exchanging, leasing or
maintaining highway machinery and equipment and the borrowing or lending of
materials and supplies the Village of Fleischmanns and other municipalities may avoid
the necessity of purchasing certain needed highway machinery and equipment and the
purchasing of or storing a large inventory of certain extra materials and supplies, thereby
saving the taxpayers money, and;
Whereas, it is recognized and determined, from a practical working arrangement, that no
program of borrowing, exchanging, leasing, renting or maintaining of highway
machinery and equipment or borrowing or lending of materials can be successful if each
individual arrangement or agreement has to receive prior approval by the Village
governing board and the governing board of each of the other municipalities which may
be parties to such agreements, since such agreements must often be made on short notice
and at times when governing boards are not in session, and;
Whereas, it is incumbent upon each municipality to design a simple method where
materials and supplies, equipment and machinery, including the operators thereof, may be
obtained or maintained with a minimum of paperwork and inconvenience and with swift
approval process, and;
Whereas, it is the intent of this Village of Fleischmanns to give the head of the highway
department the authority to enter into renting, exchanging, borrowing, lending or
maintaining arrangements with the persons serving in similar capacities in other
municipalities without the necessity of obtaining approval of the Village governing board
prior to the making of each individual arrangements, and;
Whereas, a standard contract has been prepared which is expected to be adopted and
placed into effect in other municipalities, and will grant the person holding the position
comparable to that of the head of the highway department, authority to make similar
arrangements, and;
Whereas, the Village of Fleischmanns previously passed a resolution and signed an
Intermunicipal Shared Highway Services contract on Feb. 16, 2006, and;
Whereas, the Village of Fleischmanns wishes to amend said contract to include the
County of Delaware;
NOW THEREFORE BE IT RESOLVED, that the Chief Executive Officer of the
Village of Fleischmanns is hereby authorized to sign, on behalf of the Village, the
following contract:
INTERMUNICIPAL SHARED HIGHWAY SERVIES CONTRACT
1. For purposes of this contact, the following terms shall be defined as follows:
a. Municipality shall mean any city, county, town or village which as
agreed to be bound by a contract for shared services or equipment similar
in terms and effect with the contract set forth herein, and has filed a copy
of said contract with the Clerk of the undersigned Village.
b. Contract shall mean the text of this agreement which is similar in terms
and effect with comparable agreements, notwithstanding that each such
contract is signed only by the Chief Executive Officer of each
participating municipality filing the same, and upon such filing each filing
municipality accepts the terms of the contract to the same degree and
effect as if each Chief Executive Officer had signed each individual
contract.
c. Shared Service shall mean any service provided by one municipality for
another municipality that is consistent with the purposes and intent of this
contract and shall include but not be limited to:
i. The renting, exchanging or lending of highway machinery, tools and
equipment, with or without operators;
ii.

The borrowing or lending of supplies between municipalities on a

temporary basis conditioned upon the replacement of such supplies or
conditioned upon the obtaining of equal value through the providing of a
service by the borrower or by the lending of equipment by the borrower,
the value of which is equal to the borrowed supplies.

4
iii.

The providing of a specific service for another municipality, conditioned

on such other municipality providing a similar service, or a service of
equal value, in exchange.

iv.

The maintenance of machinery or equipment by a municipality for other

municipalities.

d)

Superintendent shall mean, in the case of a city, the head of the

Department of Public Heath Works; in the case of a county, the County
Superintendent of Highways, or the person having the power and authority
to perform the duties generally performed by County Superintendents of
Highways; in the case of a town, the Town Superintendent of Highways;
in the case of a village, the Superintendent of Public Works.

2. The undersigned municipality has caused this agreement to be executed and to

bind itself to the terms of this contract and it will consider this contract to be
applicable to any municipality which has approved a similar contract and filed
such contract with the clerk of the undersigned municipality.
3. The undersigned municipality by this agreement grants unto the superintendent,
the authority to enter into any shared service arrangements with any other
municipality or other municipalities subject to the following terms and conditions:
a) The Village of Fleischmanns agrees to rent or exchange or borrow from any
municipality any and all materials, machinery and equipment, with or without
operators, which it may need for the purposes of the Village of Fleischmanns.
The determination as to whether such machinery, with or without operators, is
needed by the Village of Fleischmanns shall be made by the Superintendent. The
value of the materials or supplies borrowed from another municipality under this
agreement may be returned in the form of similar types and amounts of materials
or supplies, or by the supply of equipment or the giving of services of equal value,
to be determined by mutual agreement of the respective superintendents.
b) The Village of Fleischmanns agrees to rent, exchange or lend to any municipality
any and all materials, machinery and equipment, with or without operators, which
such municipality may need for its purposes. The determination as to whether
such machinery or material is available for renting, exchanging or lending shall be
made by the Superintendent. In the event the Superintendent determines that it
will be in the best interest of the Village of Fleischmanns to lend to another
municipality, the Superintendent is hereby authorized to lend to another
municipality. The value of supplies or materials loaned to another municipality
may be returned to the Village of Fleischmanns in the form of similar types and
amount of materials or supplies, or by the use of equipment or receipt of services
of equal value; to be determined by the respective superintendents.
c) The Village of Fleischmanns agrees to repair or maintain machinery or equipment
for any city, county, town, or village under terms that may be agreed upon by the
superintendent, upon such terms as may be determined by the Superintendent.
d) An operator of equipment rented or loaned to another municipality, when
operating such equipment for the borrowing municipality, shall be subject to the
direction and control of the Superintendent of the borrowing municipality in
relation to the manner in which the work is to be completed. However, the
method by which the machine is to be operated shall be determined by the
operator.
e) When receiving the services of an operator with a machine or equipment, the
receiving Superintendent shall make no request of any operator which would be
inconsistent with any labor agreement that exists for the benefit of the operator in
the municipality by which the operator is employed.

5
f) The lending municipality shall be liable for any negligent acts resulting from the
operation of its machinery or equipment by its own operator. In the event
damages are caused as a result of directions given to perform work, then the
lending municipality shall be held harmless by the borrowing municipality.
g) Each municipality shall remain fully responsible for its own employees, including
salary, benefits and workers compensation.
4. The renting, borrowing or leasing, repairing or maintaining of any particular piece
of machinery or equipment, or the exchanging or borrowing of materials or supplies,
or the providing of a specific service shall be evidenced by the signing of a
memorandum by the Superintendent. Such memorandum may be delivered to the
other party via mail, personal delivery, facsimile machine, or any other method of
transmission agreed upon. In the event there is no written acceptance of the
memorandum, the receipt of the materials or supplies or the acceptance of a service
shall be evidence of the acceptance of the offer to rent, exchange or lend.
5 .In the event any shared services arrangement is made without a memorandum at
the time of receipt of the shared service, the Superintendent receiving the shared
service shall within five days thereof, send to the provider a memorandum identifying
the type, time and date of the acceptance of the repair or maintenance shared service.
In the event such shared service related to or included any material or supplies, such
memorandum shall identify such materials or supplies and time and place of delivery.
6. In the event a municipality wishes to rent machinery or equipment from another
municipality or in the event a municipality wishes to determine the value of such
renting for the purposes of exchanging shared services or a comparable value, it is
agreed that the value of the shared service shall be set forth in the memorandum.
7. All machinery and the operator, for purposes of workers compensation, liability
and any other relationship with third parties, except as provided in paragraph e of
section three of this agreement, shall be considered the machinery and equipment.
8. In the event machinery or equipment being operated by an employee or the owning
municipality is damaged or otherwise in need of repair while working for another
municipality, the municipality owning the machinery or equipment shall be
responsible to make or pay for such repairs. In the event machinery or equipment is
operated by an employee of the borrowing, receiving or renting municipality, such
municipality shall be responsible for such repairs.
9. Records shall be maintained by each municipality setting forth all machinery
rentals, exchanges, borrowings, repair or maintenance and other shared services.
Such records will be available for inspections by any municipality which has shared
services with such municipality.
10 .In the event a dispute arises relating to any repair, maintenance or shared service,
and in the event such dispute cannot be resolved between the parties, such dispute
shall be subject to mediation agreed upon by both parties.
11. Any party to this contract may revoke such contract by filing a notice of such
revocation. Upon the revocation of such contract, any outstanding obligations
shall be settled within thirty days of such revocation unless the parties with whom
an obligation is due in writing to extend such date of settlement.
12. Any action taken by the Superintendent pursuant to the provisions of this contract
shall be consistent with the duties of such official and expenditures incurred shall
not exceed the amounts set forth in the village budget for highway purposes.
13. The record of all transactions that have taken place as a result of the Village of
Fleischmanns participation in the services afforded by this contract shall be kept
by the Superintendent and a statement thereof, in a manner satisfactory to the
Village governing Boards, shall be submitted to the Village Board semiannually

6
on or before the first day of June and on or before the first day of December of
each year following the filing of the contract, unless the Village Board request the
submission of records at different times and dates.
14. If any provision of this contract is deemed to be invalid or inoperative for any
reason, that part shall be deemed modified to the extent necessary to make it valid
and operative, or if it cannot be so modified, then severed, and the remainder of
the contract shall continue in full force and effect as if the contract had been
signed with the invalid portion so modified or eliminated.
15. This contract shall be reviewed each year by the Village of Fleischmanns and
shall expire five years from the date of its signing by the Chief Executive Officer.
The Village of Fleischmanns Board may extend or renew this contract at the
termination thereof for another five year period.
16. Copies of this contract shall be sent to the Clerk and the Superintendent of each
municipality with which the Village of Fleischmanns anticipates engaging in
shared services. No shared services shall be conducted by the Village of
Fleischmanns Superintendent except with the Superintendent of a municipality
that has completed a Shared Services contract and has sent a copy thereof to the
Clerk of the Village of Fleischmanns.
IN WITNESS THEREOF, the said Village of Fleischmanns has by order of the Village
Board, caused these presents to be subscribed by the Chief Executive Officer, and the seal
of the Village of Fleischmanns to be affixed and attested by the Clerk thereof, the 8th day
of June, 2015.
VILLAGE OF FLEISCHMANNS
By:____________________________
Donald E. Kearney, Mayor
Attest: ____________________________
Lorraine DeMarfio, Village Clerk
The Village Clerk is authorized and directed to file a copy of the contract set forth in this
resolution with the Chief Executive Officer of the following municipalities:
Town of Middletown
County of Delaware
Village of Delhi
Village of Margaretville
Village of Stamford
This resolution shall take effect immediately.
The vote having been taken upon such resolution the result was as follows:
BOARD MEMBER

YES

Donald E. Kearney
Harriet L. Grossman
Ben Fenton
Lewis Grocholl
David Yates

x
x
x
x
Absent

NO

There being a majority of the Village Board voting to approve the resolution, the
resolution was declared by the Chief Executive Officer to have been adopted.

---------------------------------------------------Lorraine DeMarfio, Village Clerk

Village of Fleischmanns
June 8, 2015
State of New York

)
)ss:
County of Delaware )
I, Lorraine DeMarfio, Village Clerk of the Village of Fleischmanns, New York, do hereby
certify that the foregoing is a true and correct transcript of a resolution adopted by the
Board of Trustees of the Village of Fleischmanns, New York on June 8, 2015 and the
whole thereof.
-----------------------------------------------------Lorraine DeMarfio, Village Clerk
Village of Fleischmanns

Village Pool/Brad Finch

Motion made by Harriet L. Grossman to hire Brad Finch at the rate of $25.00 per hour to
do excavating at the Village pool to pinpoint the leak in the pipes with funds to be
disbursed from the Villages Repair Reserve Fund Account # 1001507, not to exceed
$500.00 without further review of the Village Board of Trustees. Motion seconded by
Lewis Grocholl. Harriet L. Grossman-Aye. Lewis Grocholl-Aye. Donald E. KearneyAye. Ben Fenton-Aye. David Yates-Absent. Motion so carried.
Part Time Account Clerk Position
Mayor Kearney advised that 3 applications were received for the Part-time Account Clerk
position. Applicants will be contracted to set up a time for an interview as soon as
possible.
Delinquent Village Taxes
Motion made by Ben Fenton to direct the Village Attorney, Carey Wagner, to send out
letters to delinquent tax payers threatening foreclosure to anyone who is behind in their
Village tax payments. Motion seconded by Donald E. Kearney. Ben Fenton-Aye.
Donald E. Kearney-Aye. Harriet L. Grossman-Aye. Lewis Grocholl-Aye. David YatesAbsent. Motion so carried.
Village Trustee Ben Fenton requested that the Village Attorney contact NYCOM to see if
there are any recommendations, policy or guidelines, or formal procedures to follow as to
collecting delinquent Village taxes.
Water Invoice/507 Main St.
Mayor Kearney advised that such a long period has gone by with inaccurate readings at
the above location. The owner has a water bill that covers a two year period. As we have
a graduated way of billing, the more water a person uses, the higher the rate which
initially was to conserve water. Jim Buchan has advised that it has been 2 years since
anyone got inside to read the meter at 507 Main St. There was some refusal on the part
of the owner to not let Mr. Buchan in there, but when he finally got in there, now there is
about a $5,000.00 water bill which is about $6.10 a cubic foot. Because it was over a 2
year period we are not allowed to forgive a water bill without the authorization of the
Village Board. The Village Clerk could recalculate it divided by 8 over 8 quarters &
those smaller amounts each one billed at the lower rate, which would give about a
$1,000.00 break on the water, but he would not have gotten any water for nothing.
Water Invoice/484 Wagner Avenue
Mayor Kearney advised it appeared as though the outside reader is faulty. It was not
reading the same as the inside meter. Jim Buchan finally got inside to read the meter and
it showed the true consumption of water. He took that meter out & took it to the shop,

8
tested it & it was within 1/10 of the test meter, so it seems to be an accurate meter.
Mayor Kearney stated he thought the water bill was around $300.00 over a one year
period. So, in that case, we would break it up into 4 quarters billed at the lower rate.
Motion made by Lewis Grocholl to adjust the above two water billings as discussed.
Motion seconded by Harriet L. Grossman. Lewis Grocholl-Aye. Donald E. KearneyAye. Ben Fenton-Aye. David Yates-Absent. Motion so carried.
Mayor Kearney stated that allowing access to the homeowners meter would avoid this
complication in the future.
Kiosk / Skene Library
Motion made by Harriet L. Grossman to table any decision as to putting a kiosk on the
Skene Memorial Library property. Motion seconded by Donald E. Kearney. Harriet L.
Grossman-Aye. Donald E. Kearney-Aye. Ben Fenton-Aye. Lewis Grocholl-Aye. David
Yates-Absent. Motion so carried.
Lake Street/Opposite Regis Hotel
Village Trustee Lewis Grocholl advised that Wadler Bros. had concrete tonka blocks they
cast. The six footers are $85.00 and cover 54. Wadler Bros. would put them in place
with their crane which would cost the Village approximately $1,000.00. This would be a
temporary fix until the Lake Street embankment is fixed.
Motion made by Ben Fenton to purchase the concrete tonka blocks to cover
approximately 54 of Lake Street and put up the required signage based on DOT
recommendations. Motion seconded by Lewis Grocholl. Ben Fenton-aye. Lewis
Grocholl-Aye. Harriet L. Grossman-Aye. Donald E. Kearney-Aye. David Yates-Absent.
Motion so carried.
Public Input
Discussion was held as to property maintenance, disincorporation, Dowd settlement,
conditions at Takanassee Road, chips, etc.
Mayor Kearney publicly thanked Roy Todd for his constant everyday efforts in keeping
the sidewalks clean in the Village.
Vouchers/June 2015
Motion made by Harriet L. Grossman to pay the following vouchers for the month of
June, 2015: General Fund, Abstract # 1, Vouchers # 1 through 24 totaling $32,715.37;
Water Department Fund, Abstract #1, Vouchers # 1 through 9, totaling $6,357.62 ; and
Sewer Department Fund, Abstract # 1 ,Vouchers #1 through 7 totaling $6,322.21. Motion
seconded by Lewis Grocholl. Harriet L. Grossman-Aye. Lewis Grocholl-Aye. Donald
E. Kearney-Aye. Ben Fenton-Aye. David Yates-Absent. Motion so carried.
Adjourn
Motion made by Harriet L. Grossman to adjourn. Motion seconded by Lewis Grocholl.
Harriet L. Grossman-Aye. Lewis Grocholl-Aye. Donald E. Kearney-Aye. Ben FentonAye. David Yates-Absent. Motion so carried.